42) Activist courts strike down
statutes in many cases; restrained courts more rarely declare legislation to be unconstitutional.
The Chief Justice remarked that it was important that the largest body of lawyers (Pakistan Bat Council) was seeking orders to strike down
We have high hopes that the Supreme Court will recognize that the individual mandate is unconstitutional, and will act to safeguard the freedoms of all Americans by holding the individual mandate 'nonseverable,' and strike down
every part of Obamacare.
A severability clause instructs courts to strike down
only the part of an act they find unconstitutional, rather than the whole act.
Not surprisingly, Monti came to be known as the first European Competition Commissioner to strike down
a deal between two American companies after the deal had received antitrust clearance in the United States.
Even conservative Pepperdine University law professor Douglas Kmiec, who believes that modern secularism has "perverted" the constitutional ban on an official state religion into a mandate to banish religiosity from the public square, wrote in The Wall Street Journal that, "given the peculiar facts of the case, the Supreme Court may have been right" to strike down
the Santa Fe policy.
Had the Supreme Court voted to strike down
Chapter 2 aid, this project would have been similarly imperiled.
The supreme court's decision on May 20 to strike down
the heterosexual definition of spouse will likely force lawmakers to rewrite the country's law books to give legal rights to same-sex couples.
But, much more importantly, while the court continued to strike down
state and federal laws dealing with social legislation, the courts were supporting ethnic and religious identities.
If, instead, the Court were to strike down
the plans because of their mechanics, the impact would be less widely felt.
He differed from other federal judges' rulings thus far in that while he did not strike down
the entire law, he struck down two additional sections of the law that he deemed non-severable from the individual mandate.
Courts typically consider the severability issue when weighing whether to strike down
all or part of a piece of legislation, and can decide to overrule a severability clause and strike down
the entire bill, she said.